by jboullion | Jul 15, 2009 | Uncategorized
From the written decision of the Wisconsin Court of Appeals, District 2 in ruling against Calumet County’s restrictive ordinances that blocked the Ecker Brothers from adding turbines to the one already on their farm:
To encourage the use of renewable sources of energy, the legislature resolved to remove legal impediments to such systems in four ways: (1) codifying the right of individuals to negotiate and establish renewable energy resource easements; (2) clarifying the authority of, and encouraging, political subdivisions to employ existing land use powers for protecting access rights to the wind and sun; (3) creating a procedure for issuing permits to owners and builders of active solar and wind energy systems; and (4) encouraging political subdivisions to grant special exceptions and variances for renewable energy resource systems. Numrich, 242 Wis. 2d 677, ¶18 (citing Laws of 1981, ch. 354, § 1(2)(b)). No. 2007AP210913
These strategies indicate that the legislature determined it appropriate to give political subdivisions the power to assist in the creation of renewable energy systems and thus become an integral and effective factor in the State’s renewable energy goal. But, this history does not indicate that the State intended to delegate the power of policymaking. Instead, the evidence is that the State delegated the authority to execute and administer its established policy of favoring wind energy systems, and the statutory scheme was intended to create avenues for political subdivisions to assist the State. If the County and other similarly situated localities believe that localities should be able to decide for themselves whether and to what extent wind systems are welcome in their geographical area, their argument is best made to the legislature.
Because the legislature did not delegate legislative powers to localities, the County cannot make findings of legislative fact. The County thus exceeded its authority under WIS. STAT. § 66.0401 when it created its wind energy ordinance. We therefore hold the ordinance to be [beyond the authority of the county].
We reverse and remand with directions that the circuit court reconsider the Ecker Brothers’ declaratory judgment action given that the ordinance is [beyond the authority of the county].
by jboullion | Jul 15, 2009 | Uncategorized
Date: July 15, 2009
Contact: Noah Seligman, 608-310-3338
Circuit Court decision affirms problems with wind energy regulatory framework
A Court of Appeals decision today (Ecker Brothers V. Calumet County) ruled that local units of government do not have the power to adopt siting standards of general applicability for wind energy systems. This decision eliminates several restrictive ordinances that purported to regulate wind energy, but merely served to block wind energy development.
“The ruling casts substantial uncertainty about wind energy regulation in Wisconsin. In order for the state to move forward with a balanced approach to renewable energy growth, the legislature must pass uniform siting standards,” said Curt Pawlisch, an attorney for RENEW Wisconsin, one of the sponsoring organizations for the Wind for Wisconsin coalition. “We urge the legislature to act quickly and pass uniform sitting standards when it returns in September.”
SB 185/AB 256 directs the Public Service Commission (PSC) to initiate an administrative rule-making process to establish statewide siting standards for wind energy projects. The PSC is an independent regulatory agency dedicated to serving the public interest. The bill draft requires the PSC to establish an advisory committee of diverse interests to advise the Commission on the rules. AB 256 was vote out of the Assembly Committee on Energy & Utilities on a 10-2 vote last month, and has strong bipartisan support like its Senate companion.
“The Court did more than simply declare Calumet County’s wind ordinance to be unlawful,” said Michael Vickerman, Executive Director of RENEW Wisconsin.
“The Court’s decision also stripped away the legal foundation supporting all Wisconsin ordinances that contain blanket restrictions on wind projects. The decision erases unreasonable local ordinances that effectively prohibited any new wind development in this state for projects under 100 MW.
“A commitment to wind energy development will serve as an economic catalyst for Wisconsin, creating jobs in manufacturing, construction, transportation, and operation & maintenance of wind turbines,” Vickerman said. “SB 185/AB 256 makes our state more attractive to manufacturing and other supply chain businesses that create state jobs. By establishing statewide standards for siting small and medium sized wind farms, legislators can provide enduring economic opportunity for Wisconsin,” he said.
by jboullion | Jul 15, 2009 | Uncategorized
From an Associated Press story on WXOW News, La Crosse:
MADISON, Wis. (AP) – A Wisconsin appeals court is limiting the restrictions that local municipalities can place on the installation of wind turbines.
The District 2 Court of Appeals says state law promotes alternative energy sources such as wind energy and discourages local policies that arbitrarily limit them.
The court says localities can restrict wind energy systems only when necessary to protect public health or where the regulations do not impact a system’s cost or efficiency.
From the written decision of the Wisconsin Court of Appeals, District 2 in ruling against Calumet County’s ordinances:
To encourage the use of renewable sources of energy, the legislature resolved to remove legal impediments to such systems in four ways: (1) codifying the right of individuals to negotiate and establish renewable energy resource easements; (2) clarifying the authority of, and encouraging, political subdivisions to employ existing land use powers for protecting access rights to the wind and sun; (3) creating a procedure for issuing permits to owners and builders of active solar and wind energy systems; and (4) encouraging political subdivisions to grant special exceptions and variances for renewable energy resource systems. Numrich, 242 Wis. 2d 677, ¶18 (citing Laws of 1981, ch. 354, § 1(2)(b)). No. 2007AP210913
These strategies indicate that the legislature determined it appropriate to give political subdivisions the power to assist in the creation of renewable energy systems and thus become an integral and effective factor in the State’s renewable energy goal. But, this history does not indicate that the State intended to delegate the power of policymaking. Instead, the evidence is that the State delegated the authority to execute and administer its established policy of favoring wind energy systems, and the statutory scheme was intended to create avenues for political subdivisions to assist the State. If the County and other similarly situated localities believe that localities should be able to decide for themselves whether and to what extent wind systems are welcome in their geographical area, their argument is best made to the legislature.
Because the legislature did not delegate legislative powers to localities, the County cannot make findings of legislative fact. The County thus exceeded its authority under WIS. STAT. § 66.0401 when it created its wind energy ordinance. We therefore hold the ordinance to be [beyond the authority of the county].
We reverse and remand with directions that the circuit court reconsider the Ecker Brothers’ declaratory judgment action given that the ordinance is [beyond the authority of the county].
by jboullion | Jul 15, 2009 | Uncategorized
From the Wisconsin League of Conservation Voters (WLCV):
Just a reminder that tonight is Eau Claire’s Green Drinks at the Haymarket Grill, downtown E.C. 101 Graham Ave.
We’ll see everyone there at 6:30. The drink special tonight is 1/2 off your bottle of wine…bring a friend, enjoy a new wine, and find out what’s going on in Eau Claire’s “green” community!
See you there,
Tom Stolp
by jboullion | Jul 15, 2009 | Uncategorized
Under a new program announced by We Energies, schools, nonprofits, and units of government can apply for grants equal to the amount awarded by Focus on Energy for a wind project over 20 kW and not more than 100 kW:
This program assists qualified We Energies electric customers (not-for-profit, schools and units of government) with the installation of a wind electric system over 20 kW and not more than 100 kW. Customer incentives are provided from We Energies Renewable Energy Development (RED) Program. The We Energies incentive amount for this limited program is a 100% match of the determined reward from the Focus on Energy 2009 Wind Electric Implementation Grant for Schools, Nonprofits and Units of Government to a maximum of $150,000.
by jboullion | Jul 14, 2009 | Uncategorized
A question from AskFocusonEnergy:
Quesiton: Would I save more energy by replacing my old dishwasher or doing my dishes by hand?
Answer: Compared to washing dishes by hand, an ENERGY STAR qualified dishwasher:
+ Can lower utility bills
+ Uses half as much energy
+ Saves nearly 5,000 gallons of water per year
ENERGY STAR qualified dishwashers:
+ Use 25% less energy than conventional models
+ Use less hot water, saving you $90 over their lifetime
+ Internal water heaters, which reduce water heating costs by 20%
+ Boost water temperatures to 140 degrees — well above scalding temperatures. Washing dishes with hotter water allows for improved disinfection compared to washing by hand at much lower temperatures.
+ Run quieter than older models — over 50% quieter than models produced 10 years ago!
by jboullion | Jul 14, 2009 | Uncategorized
A question from AskFocusonEnergy:
Quesiton: Would I save more energy by replacing my old dishwasher or doing my dishes by hand?
Answer: Compared to washing dishes by hand, an ENERGY STAR qualified dishwasher:
+ Can lower utility bills
+ Uses half as much energy
+ Saves nearly 5,000 gallons of water per year
ENERGY STAR qualified dishwashers:
+ Use 25% less energy than conventional models
+ Use less hot water, saving you $90 over their lifetime
+ Internal water heaters, which reduce water heating costs by 20%
+ Boost water temperatures to 140 degrees — well above scalding temperatures. Washing dishes with hotter water allows for improved disinfection compared to washing by hand at much lower temperatures.
+ Run quieter than older models — over 50% quieter than models produced 10 years ago!
by jboullion | Jul 14, 2009 | Uncategorized
An announcement by Wisconsin Public Service:
Green Bay, WI – For seven days, from July 15 – July 22, the Wisconsin Energy Conservation Corporation (WECC), in partnership with Wisconsin Public Service, will provide $25 as an incentive to turn-in an older, inefficient, working dehumidifier or room air conditioner, $40 toward the purchase of a new Energy Star dehumidifier or room air conditioner, or $75 for both the turn-in and new purchase at selected sites in Green Bay, Wausau and Stevens Point.
Participating Retailers (limit: three units per customer)
•Green Bay – Best Buy, Gmack, Martin Hardware, Sears and Van Vreedes
•Wausau – Best Buy and Grebes Appliance
•Stevens Point – Best Buy and Sears
Customer questions can be directed to WECC at (800) 875-1335.
The program could end early if supplies of qualifying units are exhausted or extended through July if targets are not met.
For More Information, contact:
•WECC
(800) 875-1335
•Wisconsin Public Service Customer Service
800-450-7260
by jboullion | Jul 14, 2009 | Uncategorized
From an article by Steve Cahalan in the La Crosse Tribune:
WEST SALEM — A West Salem farm cooperative and others are looking at the possibility of providing and processing low-quality wood as fuel that could be burned at power plants, including Xcel Energy’s waste-to-energy plant on French Island.
Xcel and the Wisconsin Office of Energy Independence each are providing a $25,000 grant to fund the biomass fuel study, which began a few weeks ago and is expected to be completed by November. The study is being done by the Energy Center of Wisconsin, an independent, nonprofit organization that explores energy ideas.
The Cooperative Network, a statewide association that provides various services to co-ops, also is involved in the study.
The project will evaluate the business potential for gathering and processing sustainably harvested waste wood for fuel and determining the market value of woody biomass, the groups involved in the study said Monday.
It will examine woody biomass availability within about 50 miles of West Salem, and look at possible benefits and costs to have agricultural cooperatives provide the biomass.
The study will look at such ideas as harvesting and chipping existing low-quality wood — such as box elder trees and even brush — and planting, harvesting and chipping low-quality trees that grow fast, such as poplar and black willow.
by jboullion | Jul 13, 2009 | Uncategorized
From a commentary by Michael Vickerman, RENEW Wisconsin, July 12, 2009:
In a unanimous vote, the Public Service Commission (PSC) recently cleared the way for Alliant Energy’s Wisconsin utility to construct a 200 megawatt (MW) windpower plant project in southern Minnesota. Once operational, the Bent Tree project, costing upwards of $450 million, will be a productive source of renewable energy that will provide lasting benefits to Minnesota’s economy and environment. Since it will be Alliant’s Wisconsin customers who foot the bill, however, it is reasonable to inquire whether the current utility practice of outsourcing renewable energy production to other states is a good thing for Wisconsin’s economy.
Because we can’t see it, taste it, hear it or smell it, we tend to lose sight of the fact that electricity is a manufactured product. To make it, capital is amassed and expended on machinery that convert raw resources like coal, flowing water, and wind into this highly useful form of energy. The electricity is then transported via networks of wires to power factories, illuminate residences and streets, propel commuter trains, and energize the complex communications systems that allows to store vast quantities of instantly retrievable information. It is hard to name a manufactured product that adds more value to an industrialized society than electricity.
Yet electricity’s impact on the economy is not defined solely by the activities it supports. There is as well the intense amount of economic activity that goes into building the power plants themselves. In the case of Bent Tree, the capital used to manufacture, transport and erect 122 wind turbines will unleash a year-long burst of construction work in Freeborn County employing hundreds of skilled laborers and technicians. The work will also ripple through nearby component manufacturers involved with the project, as well as ports and other transfer points where components are unloaded and loaded onto special vehicles and hauled to the project zone. . . .
If Wisconsin truly desires to provide a home to a viable renewable energy economy, it will have to redefine the public interest standards that govern the expenditure of ratepayer dollars. This means giving such economic benefits as job creation, component manufacturing, workforce participation, increased tax receipts to local and state government, and reduced dependence on future transmission upgrades as much due consideration as cost per megawatt-hour. Granted, this is a form of industrial policy. However, if state policymakers don’t take steps to build a solid market structure for generating more renewable electricity here at home, Wisconsin’s ability to compete for good jobs and business opportunities could become hopelessly compromised.
